Acted for the successful appellant in this appeal from an interlocutory injunction order in a trademark infringement and passing off action in the Ontario Superior Court. Three Divisional Court judges unanimously agreed that the Superior Court had erred in each element of the three-part test, including in finding that the plaintiff had established a serious issue to be tried. You can read more about the case in this article about it.
About Aaron Ricard
Aaron is a graduate of Osgoode Hall Law School and completed his articles at Shift Law. While at Osgoode Hall, Aaron was a Clinic Coordinator in the IP Innovation Clinic. Aaron has worked at the Department of Canadian Heritage where he conducted extensive research into copyright law and artificial intelligence, aiding in policy recommendations. As an Associate at Shift Law, Aaron specializes in trademark and copyright litigation and provides clients with practical advice in IP matters, including trademark search and clearance opinions.
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Federal court confirms copyright can subsist in a curated list of third-party links
Can a list of hyperlinks to someone else’s content enjoy copyright protection? According to the Federal Court, it can. In Rayman v. Red Crayon Inc., 2026 FC 951, the Court held that copyright may subsist in the original selection and listing of hyperlinks to third-party materials and that significant damages can be awarded for unauthorized…

ASIALICIOUS: Who Comes to Mind?
Foodies in the Greater Toronto Area (GTA) may be aware of the Asialicious Carnival, an annual community celebration of Asian culture and cuisine that started in 2019 and is currently getting ready for its eighth year. What many may not have been aware of is that, for five of those years, the carnival’s iconic name,…

Intellectual property protection for AI prompts
As businesses increasingly use artificial intelligence (“AI”) in their internal operations and product offerings, they are relying more on carefully engineered instructions or “prompts” to improve the AI’s performance and output. These prompts can constitute valuable intellectual property (“IP”) and are protectable as trade secrets or works of copyright. Businesses should treat them as such.…
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